Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20012 of 2018 Applicant :- Santosh Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Misra Counsel for Opposite Party :- G.A.,Ashutosh Kumar Mishra
Hon'ble Vivek Kumar Singh,J.
Heard Sri Amit Misra, learned counsel for the applicant and Sri Ashutosh Kumar Mishra, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant was not named in the first information report and his name has come into light during the course of investigation. It is further submitted that first information report of the alleged incident was lodged after four days of the incident which itself falsify the prosecution story. It further submitted that in the statement of the victim recorded under Section 164 Cr.P.C. entire prosecution story as narrated in the first information report has been changed. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 26.1.2018. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Santosh Kumar involved in Case Crime No.901 of 2017, under Section 307 I.P.C., Police Station Atrauli, District Aligarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 30.7.2018 Dev/-